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New York Consolidated Laws, Surrogate's Court Procedure Act - SCP § 1005. Notice of application for letters of administration

Current as of January 01, 2026 | Updated by Findlaw Staff

1. Before making a decree granting letters of administration on any application therefor the court may require the petitioner or any other person seeking such letters to serve by mail a written notice of the application upon every distributee of the intestate who has not been required to be served with process and who has not appeared in the proceeding or waived service of process therein.

2. The notice shall be entitled in the proceeding and shall state:

(a) each and every name of the intestate known to the person giving the notice,

(b) the fact that letters of administration on the estate have been applied for by petitioner,

(c) that a decree will be made granting letters and to whom,

(d) the names and post-office addresses of petitioner and of each and every distributee set forth in the petition,

(e) that no other distributees are known to exist,

(f) that letters will issue on or after the date fixed in the notice.

3. The original notice shall be filed with proof by affidavit of the mailing of copies thereof.

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Cite this article: FindLaw.com - New York Consolidated Laws, Surrogate's Court Procedure Act - SCP § 1005. Notice of application for letters of administration - last updated January 01, 2026 | https://codes.findlaw.com/ny/surrogates-court-procedure-act/scp-sect-1005/

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